Keane v. Liebler
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fourteenth District. Action by James Keane against Theodore A. Liebler and another. From a judgment for plaintiff, defendants appeal. Reversed, and new trial ordered.
1Opinion of the CourtLeventritt, J.
There must be a retrial, for the reason that the judgment rendered is not consistent with any aspect of the case. The plaintiff, an actor in one of the defendants’ theatrical companies, sues to recover $140, of which $70 represents his agreed salary for the week ending Saturday April 20th, and $70 is for damages resulting for an alleged wrongful discharge. The defendants interposed a general denial and a counterclaim of $250 for damages caused by plaintiff’s misconduct during the performance on the night of April 20th.
In September, 1906, the defendants employed the plaintiff to perform a role…
2Cases cited3 opinions
- Turner v. . KouwenhovenNew York Court of Appeals · 1885
- Walsh v. New York & Kentucky Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Seaburn v. ZachmannAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by1 opinion
- Weed v. Idaho Copper Co.Idaho Supreme Court · 1932